Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 306, 34 IPC - Compromise - Offence heinous and serious offence - Not a fit case to quash FIR on the ground of compromise...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 304B -- Anticipatory bail - Offence u/s 306 IPC - Admittedly, application for addition/alteration of charges has been moved and trial Court is yet to be decide as to fate of the application - However, it would sub-serve ends of justice if necessary directions are issued to trial Court that in..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Deceased died within one year after marriage - Evidence of witnesses does not disclose that accused had made any demand of dowry at any point of time - Dead body of deceased was given to accused by police - Parents of deceased had not told police that accused is person who was responsible for death..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind is necessarily to be linked with..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Having advanced money to deceased, accused might have uttered some abusive words - That by itself not sufficient to constitute offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of accused insulting deceased by using abusive language will not itself constitute abetment of suicide - Unless ingredients of instigation/abetment to commit suicide are satisfied accused cannot be convicted u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note and oral evidence of PWs would not be sufficient to establish that suicide by deceased was directly linked to instigation or abetment by deceased - Having advanced the money to deceased, accused might have uttered some abusive words, but that by itself is not sufficient to constitute offence u/s 306..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Offence u/ss 306, 34 IPC - Petitioners were not named in FIR initially and complainant being wife of deceased has not raised any suspicion towards them - Even perusal of suicide note does not suggest that they had acted in a manner which abetted..........
